Tue Aug 22, 7:48 PM
By Sean Patrick Sullivan
Canadian Press
Negotiations to settle the aboriginal land dispute in Caledonia, Ont., will resume almost immediately, the Ontario government said Tuesday, hours after an Ontario Court of Appeal panel said there was no legal basis to stopping the talks.
Although an Aug. 8 judgment read aloud by Superior Court Justice David Marshall said, "there should be no further negotiations till ... the occupation is ended," his formal court order later distributed to lawyers made no mention of stopping talks, court heard.
"As events turn out, what Justice Marshall said is nothing more than an expression of his opinion," said Chief Justice Dennis O'Connor. "There is no legal effect ... in our view, the parties should be free to continue to negotiate, if they wish to do so."
Although the Appeals Court reserved its decision in reviewing the court order, a government source told The Canadian Press talks will resume in Caledonia Wednesday morning.
"We now have a clear course of action," said Aboriginal Affairs Minister David Ramsay in a release.
"We believe that negotiations are the best option for a peaceful resolution to the situation in Caledonia. We have made progress and we are optimistic that by working with the federal government and the Haudenosaunee/Six Nations leadership, we will move forward in resolving the outstanding issues."
On Aug. 9, Attorney General Michael Bryant announced the Ontario government - with full support of the federal Conservatives - would appeal Marshall's decision, which seemingly ordered a stop to negotiations.
Lawyers for Ontario's Ministry of the Attorney General still want the Appeals Court to stay the order, to clear up any confusion over the ruling.
"At this point, the public is of the view that there has been an order," said lawyer Dennis Brown, adding that perception creates a problem for law enforcement.
"With this cloud hanging over us, it creates a climate of uncertainty," added lawyer Malliha Wilson.
Lawyers are also arguing against an injunction that involves criminal contempt charges for trespassing on the disputed land and disobeying an earlier order by Marshall.
Lawyers argued the criminal contempt charges became moot when the land was sold to the Ontario government by developer Henco Inc. for $12.3 million.
Lawyer Mark Sandler, representing the Ontario Provincial Police, said the charges of criminal contempt don't make sense since the Ontario government is allowing the protesters to stay on the land.
He said the judge's orders to forcibly remove protesters disregards the OPP's "nuanced approach," and could lead to injuries or death to officers, as well as sympathetic protests across the country.
"If there's anything that's abundantly clear, it's that Justice Marshall's order standing alone is not going to return the status quo (to Caledonia)," he said.
"Irreparable harm would occur if a stay is not granted."
Amicus David Brown told the court that barricades and a continued OPP presence in Caledonia are inconsistent with what ministry lawyers were calling a "lawful occupation."
The community of Caledonia should be told if the government considers protesters "lawful occupants" to help ease tensions, he said.
"If that is the case, don't string the community along," said Brown.
Discussions he has had with Caledonia residents show they feel abandoned by the government, but don't want to see the OPP forcibly remove the protesters.
"Residents have no confidence the OPP can actually deal with it," he said.
A decision on the stay will be released on Friday.
The appeal is scheduled to run Sept. 25 and Sept. 26.
Six Nations protesters have occupied the Douglas Creek Estates housing development in Caledonia since the end of February.
They say the land was wrongly taken from them by the Crown more than 200 years ago.